Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research
Date: 2007-02-05
Institutions: European Atomic Energy Community, Japan
Subjects: EAEC, Japan, cooperation agreement (EU), nuclear fusion, nuclear research, peaceful use of energy

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between the European Atomic Energy Community and the Government of Japan for the Joint
Implementation of the Broader Approach Activities in the Field of Fusion Energy Research

AGREEMENT

THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as Euratom) and THE GOVERNMENT OF
JAPAN collectively referred to as ‘the Parties’,

HAVING REGARD to the Agreement for Cooperation between the Government of Japan and the European Atomic
Energy Community in the Field of Controlled Thermonuclear Fusion;

HAVING REGARD to the Joint Declaration by the Representatives of the Parties to the ITER Negotiations, on the
Occasion of the Ministerial Meeting for ITER, Moscow, 28 June 2005 and its attached Joint Paper — The roles of the
Host and the non-Host for the ITER Project (hereinafter referred to as the Joint Paper) in which the main principles for
the implementation of the Broader Approach Activities have been set out;

HAVING REGARD to the Joint Declaration by the Representatives of the Government of Japan and Euratom for the joint
implementation of the Broader Approach Activities, 22 November 2006 (hereinafter referred to as the Brussels Joint
Declaration);

RECALLING the Parties’ contributions to the preparation for the joint implementation of the ITER Project through the
ITER Engineering Design Activities and the establishment of the ITER International Fusion Energy Organisation;

RECOGNISING the role of the International Atomic Energy Agency in the ITER Project and the collaboration of the
Parties in fusion research and development areas under the International Energy Agency of the Organisation for Economic
Cooperation and Development;

DESIRING to jointly implement the Broader Approach Activities in support of the ITER Project and an early realisation of
fusion energy for peaceful purposes on a time frame compatible with the ITER construction phase;

HAVE AGREED AS FOLLOWS:

CHAPTER 1

INTRODUCTION

Article 1

Objective

The objective of this Agreement is to establish a framework for
specific procedures and details for the joint implementation of
the
(hereinafter
broader approach activities
Broader Approach Activities)
in support of the ITER Project
and an early realisation of fusion energy for peaceful purposes
in accordance with the Joint Paper.

referred to as

Article 2

(c)

the project on the Satellite Tokamak Programme.

2.
In accordance with the Joint Paper and on the basis of the
Brussels Joint Declaration, the Broader Approach Activities shall
be implemented on a time frame compatible with the ITER
construction phase.

3.
The general principles governing the Broader Approach
Activities shall be as set out in this Agreement. The principles
specific to each project of the Broader Approach Activities shall
be as set out in Annexes I, II and III, which form an integral
part of this Agreement.

Outline of the Broader Approach Activities

CHAPTER 2

The Broader Approach Activities

1.
following three projects:

shall comprise the

ADMINISTRATIVE STRUCTURE OF THE BROADER
APPROACH ACTIVITIES

(a)

the project on the Engineering Validation and Engineering
Design Activities for the International Fusion Materials Irra-
diation Facility (hereinafter referred to as IFMIF/EVEDA);

(b) the project on the International Fusion Energy Research

Centre (hereinafter referred to as IFERC); and

Article 3

Steering Committee on the Broader Approach Activities

There is hereby established a Steering Committee on the
1.
Broader Approach Activities (hereinafter
referred to as the
Steering Committee) which shall be responsible in accordance
with this Agreement for the overall direction and supervision of
the implementation of the Broader Approach Activities.

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The Steering Committee shall be assisted by the Secretariat
2.
established pursuant to paragraph 1 of Article 4 (hereinafter
referred to as the Secretariat).

(f)

3.
The Steering Committee shall have legal personality and
shall enjoy in its relations with other States and international
organisations and in the territories of the Parties such legal
capacity as may be necessary to perform its functions and
achieve its ends.

Each Party shall appoint an equal number of members to
its appointed

4.
the Steering Committee and nominate one of
members as the head of its delegation.

5.
The Steering Committee shall meet at least twice per year,
alternately in Europe and in Japan, or at other agreed times and
places. The head of the delegation of the Party that hosts the
meeting shall chair the meeting. The Steering Committee shall
meet when convened by its chair.

6.

The Steering Committee shall decide by consensus.

Implementation of

in accordance with Article 25, decision on participation of
any other party to the Agreement on the Establishment of
the ITER International Fusion Energy Organisation for the
Joint
(hereinafter
the
in a project of the
referred to as the ITER Agreement)
Broader Approach Activities and subsequent conclusion of
agreements and arrangements with that Party on such parti-
cipation; and

ITER Project

(g) any other functions as may be necessary to direct and

supervise the Broader Approach Activities.

Article 4

Secretariat

The Steering Committee shall establish the Secretariat
1.
which shall be located in Japan. The staff of the Secretariat
shall be appointed by the Steering Committee.

The Secretariat shall assist the Steering Committee. The
shall be determined by the

2.
functions of
Steering Committee, and shall include:

the Secretariat

The expenditure of the Steering Committee shall be borne

7.
by the Parties on a mutually agreed basis.

(a) receiving and transmitting the Steering Committee’s official

communications;

8.

The functions of the Steering Committee shall include:

(b) preparing meetings of the Steering Committee;

(a) appointment of the staff of the Secretariat as provided for in

paragraph 1 of Article 4;

(c) preparing administrative and other reports for the Steering

Committee; and

(b) appointment of a project leader for each project of the
Broader Approach Activities as provided for in paragraph
1 of Article 6 (hereinafter referred to as project leader(s));

(d) undertaking any other activities as may be decided by the

Steering Committee.

(c) approval of a project plan, a work programme and an
the Broader Approach
annual report of each project of
in Chapter 3 (hereinafter
Activities
referred to as project plan(s), work programme(s) and
Annual Report(s) respectively);

as provided for

Article 5

Project Committee

For each project of the Broader Approach Activities, the
1.
Parties shall establish a project committee (hereinafter referred
to as Project Committee).

(d) approval of the structure of a project team as provided for
in paragraph 2 of Article 6 (hereinafter referred to as project
team(s));

Each Party shall appoint an equal number of members to

2.
each Project Committee.

(e) appointment on an annual basis of experts made available
its in-kind
in paragraph 1(a)(ii) of

by a Party to the Project Teams as part of
contribution as provided for
Article 12 (hereinafter referred to as the experts);

3.
Each Project Committee shall meet at least twice per year.
Unless otherwise agreed by the Project Committee, it shall meet
in Japan. The chair of each Project Committee shall be
nominated by the Steering Committee
from among the
members of the Project Committee.

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4.

Each Project Committee shall decide by consensus.

(d) accounting of the contribution of each Party;

5.
The secretariat of each Project Committee shall be ensured
by the respective Project Leader as provided for in Article 6.

(e) ensuring the secretariat of the Project Committee; and

6.

The functions of each Project Committee shall include:

(f)

reporting to the Project Committee on the progress of the
respective project of the Broader Approach Activities.

(a) making recommendations on the respective draft project
plans, work programmes
to be
submitted to the Steering Committee by the Project
Leader concerned in accordance with Chapter 3;

and annual

reports

(b) monitoring and reporting on the progress of the project of

the Broader Approach Activities concerned; and

(c) performing any other duties as directed by the Steering

Committee.

Article 6

Project leader and project team

Article 7

Implementing agencies

for

its obligations

implementation of

Each Party shall designate an implementing agency to
1.
discharge
the
the
Broader Approach Activities (hereinafter referred to as imple-
to make available the
in particular
menting agency(ies)),
resources
Implementing
implementation.
their
Agencies have not been designated even after the entry into
force of this Agreement, the Parties shall immediately consult
with each other on how to resolve the issue.

the

for

If

1.
For each project of the Broader Approach Activities, a
project leader shall be appointed by the Steering Committee.
The project leader shall be responsible for the coordination of
the implementation of the project as specified in Annexes I, II
and III.

2.
The Japanese Implementing Agency shall host the project
teams and shall make available working sites including office
accommodations, goods and services required for the imple-
mentation of the tasks to be performed by the project teams
under the terms and conditions set out in Annexes I, II and III.

Each project

team in the

exercise of his

leader shall be assisted by the respective
2.
project
and
functions. The members of each project team shall comprise
the Experts and other members such as visiting scientists. The
structure of each project team shall be approved by the Steering
Committee upon proposal by the respective project leader.

responsibilities

3.

The functions of each project leader shall include:

(a) organising, directing and supervising the project team in the

implementation of the work programme;

(b) preparing the Project Plan, the work programme and the
and submitting them to the Steering
consultation with the
approval

report,
annual
Committee
for
respective Project Committee;

after

3.
Subject to paragraph 1 of Article 3, the Japanese Imple-
menting Agency shall be responsible for the management of
agreed financial contributions to operational costs and of the
financial contributions to common expenses of each project
team, dedicated to each project of
the Broader Approach
Activities in accordance with the respective project plan and
the management of
work programme. For the purpose of
such financial
Implementing
Agency shall designate a responsible person in charge of the
management of
the Parties. His
financial contributions of
functions shall include:

contributions,

Japanese

the

(a) calling on the Party(ies) or the implementing agency(ies) to
make financial contributions in accordance with project
plans and work programmes; and

(c) requesting the implementing agency designated by the
Government of Japan in accordance with paragraph 1 of
Article 7 (hereinafter referred to as the Japanese Imple-
menting Agency) to disburse the expenditure to support
the respective project team in accordance with Article 17;

(b) keeping separate accounts of the financial contributions for
each project of
the Broader Approach Activities and
retaining them together with all books, records and any
other documents in respect of the financial contributions
for a minimum period of five years following the expiry
or termination of this Agreement.

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The

Japanese

implementing

the
4.
necessary steps to obtain all permits and licenses provided for
in the laws and regulations in force in Japan and required for
the implementation of the Broader Approach Activities.

agency

shall

take

CHAPTER 3

INSTRUMENTS OF IMPLEMENTATION OF THE BROADER
APPROACH ACTIVITIES AND FINANCIAL AUDIT

Article 8

Project plan

1.
After consultation with the respective Project Committee,
each project leader shall submit, not later than 31 March of
each year, a project plan of the respective project of the Broader
Approach Activities to the Steering Committee for its approval.

Each project plan shall cover the entire duration of such

2.
project and be regularly updated. It shall:

(a) outline an overall plan of activities including time schedule
the implementation of such

and major milestones for
project in light of the progress achieved; and

(b) provide a comprehensive overview of

the contributions
already made and to be made in the future for the imple-
mentation of such project.

comments by the Steering Committee to the Parties and to
the implementing agencies.

The Japanese Implementing Agency shall provide each
2.
project leader with the data necessary for the summary of the
contributions made by each Party and the disbursement made
by the Japanese Implementing Agency for such project.

3.
The project plans, work programmes and annual reports
as provided for in Articles 8 to 10 and any other essential
documents for the implementation of the Broader Approach
Activities shall be drafted in English.

Article 11

Financial audit

Each Party may initiate a financial audit of the separate accounts
kept by the Japanese Implementing Agency for the purposes of
the Broader Approach Activities at any time during this
Agreement and up to five years after the expiry or termination
of this Agreement on the basis of documents and on the spot.
All books, records and any other documents kept by the imple-
menting agencies and by the project leaders in respect of the
Broader Approach Activities shall be open, as necessary and
appropriate, for the purposes of the audit.

CHAPTER 4

RESOURCES

Article 12

General principles

Article 9

Work programme

The resources for the implementation of

1.
Approach Activities shall comprise:

the Broader

After consultation with the respective Project Committee, each
project leader shall submit, not later than 31 October of each
year, an annual work programme of the respective project of
the Broader Approach Activities for the following year to the
Steering Committee for its approval. The work programmes
shall provide the details of the respective project plans and
shall provide the programmatic description of the activities to
be
common
expenses and the contributions to be provided by each Party.

including objectives,

undertaken,

planning,

(a)

in-kind contributions, in accordance with technical specifi-
cations and under the terms and conditions as referred to in
attachments,
the Brussels
comprising:

Joint Declaration and

its

(i) specific components, equipments, materials and other

goods and services; and

Article 10

Annual report

Not later than 31 March of each year, each project leader
1.
shall
the activities
submit an Annual Report covering all
conducted in the implementation of the respective project of
the Broader Approach Activities including a summary of the
contributions made by each Party and of
the disbursement
made by the Japanese implementing agency in accordance
with Article 7(3) for such project to the Steering Committee
for its approval. Upon approval by the Steering Committee, the
report and any
project

forward the annual

leader

shall

after

(ii) the experts made available by a Party to the project
teams
Steering
appointment
Committee and the staff made available by a Party to
the Secretariat after their appointment by the Steering
Committee; and

their

the

by

(b) financial contributions, under the terms and conditions as
Joint Declaration and its

referred to in the Brussels
attachments.

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Subject to the laws and regulations of each Party, the
2.
document Value Estimates and Allocations of Contributions of
the Parties attached to the Brussels Joint Declaration may be
annually updated by decision of the Steering Committee.

(e)

the application of quality assurance measures;

Article 13

Taxes

are

necessary

1.
Each Party shall grant permission for duty-free impor-
tation and exportation to and from its territory of goods
which
this
the
Agreement, and shall ensure their exemption from any other
taxes and duties collected by the customs authorities and from
import prohibitions and restrictions. This paragraph shall be
implemented without regard to the country of origin of such
necessary goods.

implementation

for

of

2.
The Experts made available by a Party to the project teams
after their appointment by the Steering Committee and the staff
their
made available by a Party to the Secretariat after
appointment by the Steering Committee as in-kind contribution
in accordance with paragraph 1(a)(ii) of Article 12 shall be
exempt from taxes on salaries, wages and emoluments in the
territory of the other Party.

Article 14

Regulation of in-kind contributions

Each in-kind contribution shall be the object of a
1.
procurement
the
(hereinafter
Procurement Arrangement) agreed between the Implementing
Agencies with the consent of the project leader concerned.

referred to as

arrangement

the

contributions

The Procurement Arrangement shall provide a detailed
2.
to be made
technical description of
including the technical specifications, schedules, milestones,
risk assessments, deliverables and criteria for their acceptance,
and shall set out the arrangements by which the project leader
concerned will be enabled to exercise technical authority over
the performance of the in-kind contributions. The Procurement
Arrangement shall, in particular, set out:

(a)

the value attributed to each in-kind contribution;

(b) the roles and responsibilities of the implementing agencies

and the project leader;

(c)

the procedure for procurement;

(d) the

schedule

the
achievement of milestones and deliverables;

and conditions

for

acceptance of

(f)

the relation and monitoring procedures among the project
leader
the implementing agencies and the
entities involved in the supply of the deliverables;

concerned,

(g) procedures to deal with changes of a procurement that can
have an impact on costs, scheduling and performance; and

(h) the acceptance of the final deliverables and possible transfer

of ownership.

The ownership of components to be contributed in kind
3.
by the
implementing agency designated by Euratom in
accordance with paragraph 1 of Article 7 (hereinafter referred
to as the European Implementing Agency) shall be transferred
to the Japanese Implementing Agency at the time of acceptance
by the respective project leader and the Japanese Implementing
Agency at
the respective working site. The Japanese Imple-
menting Agency shall be responsible for the transportation of
components contributed by the European Implementing Agency
from the port of entry to the working site.

For

the experts or

to the Secretariat,

4.
the
the staff
Procurement Arrangement shall take the form of a secondment
arrangement. The value attributed to the experts or the staff to
the Secretariat shall be as referred to in the document Value
Estimates and Allocation of Contributions of
the Parties
attached to the Brussels Joint Declaration and may be updated
by the Steering Committee from time to time as necessary.

5.
Each Party shall be responsible for the salaries, insurances
and allowances to be paid to the experts and the staff of the
Secretariat made available by such Party, and shall, unless
otherwise agreed, pay for the travel and living expenses of
them. The Party that hosts the project teams and/or the Secre-
tariat shall arrange for adequate accommodation for the Experts
and the staff of the Secretariat and their families. The Party that
hosts the project teams and/or the Secretariat shall also take
appropriate measures to facilitate the entry to its territory of
the experts and the staff of the Secretariat and their families,
and shall request its implementing agency to use its best efforts
to provide appropriate facilities with respect to legal and trans-
lation services in the event of any legal action brought against
the Experts and the staff of the Secretariat resulting from the
execution of their duties. The Experts and the staff to the Secre-
tariat shall comply with the general and special rules of work
and safety regulations in force at the host establishment, or as
agreed in the secondment arrangement in the execution of their
duties in the other Party.

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Article 15

Adjustments to allocations

(iv) is not available to the receiving party without obli-

gations concerning its confidentiality.

If unforeseen circumstances so require, a Party may propose to
modify the allocation of contributions within a project of the
Broader Approach Activities. Upon such proposal, the project
leader concerned shall, following consultation with the Project
Committee concerned, propose to the Steering Committee a
revised allocation of resources while maintaining the total cost
of such project and the overall balance of the contributions
between the Parties within that project.

Article 16

Financial contributions

All payments made by the European Implementing Agency shall
be made in euro. All payments made by the Japanese Imple-
menting Agency shall be made in Yen.

Article 17

Common expenses of the project teams

Common expenses of each project team shall be disbursed in
accordance with paragraph 3 of Article 7 by the Japanese
Implementing Agency. For this purpose, the Japanese Imple-
menting Agency shall undertake the necessary actions upon
request by the project
leader concerned and within the
ceilings given in the relevant work programme.

CHAPTER 5

INFORMATION AND INTELLECTUAL PROPERTY

Article 18

Dissemination, use and protection of information

1.

For the purposes of this Chapter:

(a)

drawings,
and other documents,

‘information’ means
computations,
data or
reports
research and development, descriptions of
methods of
inventions and discoveries, whether or not protectable; and

designs,
documented

Subject

to the provisions of

2.
support
generated in the implementation of this Agreement.

this Chapter,
the widest possible dissemination of

the Parties
information

3.
Subject to the provisions of this Chapter, all information
generated by the members of the project teams in the execution
of the tasks assigned to them under this Agreement shall be
made freely available to each of the Parties for use in the
research and development of fusion as a source of energy for
peaceful purposes.

Subject to the provisions of this Chapter, each Party shall
4.
be entitled to a non-exclusive,
irrevocable and royalty-free
license in all countries to translate, reproduce and publicly
journal articles, reports and
distribute scientific and technical
books directly arising from the
this
implementation of
Agreement. All publicly distributed copies of a copyrighted
this Chapter shall
work prepared under
indicate the names of
the work unless an
author explicitly declines to be named.

the provisions of
the authors of

5.
Subject to the provisions of this Chapter, all information
generated by the personnel of an implementing agency in the
execution of the tasks assigned to it under this Agreement shall
be made freely available to the project teams and to each of the
Parties for use in the research and development of fusion as a
source of energy for peaceful purposes.

6.
Any contract placed on the initiative of an implementing
agency or a project leader for the execution of a task assigned
to them under this Agreement shall contain provisions to allow
the Parties to meet their obligations under this Agreement.

(b) ‘business

confidential

information’ means

containing
commercial or financial information, which:

know-how,

secrets,

trade

or

(i) has been held in confidence by its owner;

information
technical,

Subject to its laws and regulations and to its obligations to
7.
third parties and to the provisions of this Chapter, each Party
shall use its best efforts to make freely available to the project
teams and to the implementing agencies any information at its
disposal which they need for the execution of the tasks assigned
to them under this Agreement.

(ii) is not generally known or available from other sources;

(iii) has not been made available by its owner to other
parties without an obligation concerning its confiden-
tiality; and

If business confidential

information is made available in
8.
the implementation of this Agreement, it must be duly marked
so and transmitted pursuant to an arrangement of confiden-
tiality. The recipient of such information shall use it for the
implementation of this Agreement, and preserve its confiden-
tiality to the extent provided in that arrangement.

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Article 19

Intellectual property

(b) the sending Party, its implementing agency or its personnel
shall be entitled to acquire all right, title and interest in and
to any such intellectual property in its own territory.

For the purposes of this Agreement, ‘intellectual property’
1.
shall have the meaning defined in Article 2 of the Convention
Establishing the World Intellectual Property Organisation, done
at Stockholm on 14 July 1967. In accordance with its laws and
regulations, each Party shall ensure that the other Party can
obtain the rights to intellectual property allocated in accordance
with this Chapter. This Chapter does not alter or prejudice the
allocation of rights between a Party and its nationals. Whether
the rights concerning intellectual property shall be held by a
Party or its nationals shall be determined as between themselves
in accordance with their applicable laws and regulations.

the project

2. Where protectable subject matter is generated by the
members of the project teams in the implementation of this
Agreement, the respective project leader shall promptly inform
the Steering Committee with a recommendation on the
such intellectual property
countries where protection for
its implementing agency, or
should be obtained. Each Party,
the members of
teams made available by that
Party shall, however, be entitled to acquire all right, title and
interest in and to intellectual property in the territory of that
Party. The Steering Committee shall decide whether and how to
seek protection for such intellectual property in third countries.
In all cases where protection for intellectual property is obtained
its implementing agency or the members of the
by a Party,
project
the Party shall
ensure that the members of the project teams can freely use
such intellectual property for the execution of the tasks assigned
to the project teams.

teams made available by that Party,

3.
If intellectual property is generated by personnel of an
implementing agency in the execution of a task assigned to it
under this Agreement, the Party of that implementing agency,
the implementing agency or its personnel shall be entitled to
acquire all right, title and interest in all countries in and to such
intellectual property according to applicable laws and regu-
lations. The Party of such implementing agency shall ensure
that the members of the project teams can freely use such
intellectual property for the execution of the tasks assigned to
the project teams, and that the other Party is granted an irre-
vocable, non-exclusive and royalty-free license, with the right to
sublicense, for research and development on fusion as a source
of energy for peaceful purposes.

4.
If intellectual property is generated by personnel made
available through an implementing agency while working in
the implementing agency of
to
relevant applicable laws:

the other Party,

subject

5.
Each Party shall, without prejudice to any rights of
inventors or authors under the applicable laws and regulations,
take all necessary steps to seek the cooperation from such
inventors or authors,
its imple-
this
menting agency, which are
Agreement. Each Party shall ensure the payment of awards
and compensations to such inventors or authors, according to
its laws and regulations.

including the personnel of

required to implement

6.
Notwithstanding paragraphs 2 to 4, if a Party decides not
to exercise its right to seek protection for intellectual property
in any country or region, it shall so notify the other Party, and
the other Party may then seek to obtain such protection.

Article 20

Expiry or termination

The rights conferred and obligations imposed upon the Parties
under this Chapter shall subsist in accordance with applicable
laws and regulations after the expiry or termination of this
Agreement.

CHAPTER 6

FINAL PROVISIONS

Article 21

Entry into force

This Agreement shall enter into force on the date on which the
Parties exchange diplomatic notes informing each other that
their respective internal procedures necessary for its entry into
force have been completed.

Article 22

Duration and termination

1.
This Agreement shall remain in force for a period of 10
years and shall continue in force thereafter unless terminated by
either Party at the end of the 10-year period or at any time
thereafter by giving to the other Party at least six months’
written advance notice of
intention to terminate this
its
Agreement.

This Agreement may be terminated before its expiry only

2.
when:

(a)

the receiving Party, its implementing agency or its personnel
shall be entitled to acquire all right, title and interest in and
to any such intellectual property in its own territory and in
the third countries; and

(a) both Parties mutually agree;

(b) the ITER Agreement is terminated; or

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(c) either of

the Parties is no longer a party to the ITER

Agreement.

3.
The expiration or termination of this Agreement shall not
affect the validity or duration of any arrangements made under
it, or any specific rights and obligations that have accrued in
compliance with Chapter 5.

shall, after consultation with the Project Committee, submit to
the Steering Committee a proposal concerning the terms and
conditions of the participation of that party in such project. The
Steering Committee shall decide on the participation of that
party upon the proposal of the project leader, and subject to
the approval of the Parties following their internal procedures,
may conclude agreements and arrangements with that Party on
such participation.

Article 23

Amendment

The Parties shall, at the request of either of them, consult with
each other whether to amend this Agreement, and may agree to
the amendment. Such amendment shall enter into force on the
date on which the Parties exchange diplomatic notes informing
each other that their respective internal procedures necessary for
its entry into force have been completed.

Article 24

Dispute settlement

All questions or disputes between the Parties concerning the
interpretation or implementation of this Agreement shall be
settled by consultation and negotiation between them.

Article 25

Participation of other ITER parties

In the event
expresses
its
Broader Approach Activities,

that any other party to the ITER Agreement
the
intention to participate in a project of
leader concerned

the project

Article 26

Application with regard to Euratom

this
In accordance with the Treaty establishing Euratom,
shall apply to the territories covered by that
Agreement
Treaty.
relevant
In accordance with that Treaty and other
agreements, it shall also apply to the Swiss Confederation, parti-
cipating in the Euratom fusion programme as a fully associated
third State.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto by the Government of Japan and the European Atomic
Energy Community respectively, have signed this Agreement.

Done at Tokyo on 5 February 2007, in duplicate, in the English
and Japanese languages, both texts being equally authentic.

For the European Atomic Energy
Community

For the Government
of Japan

H. RICHARDSON

T. ASO

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ANNEX I

IFMIF/EVEDA

Article 1

Objective

1.
The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the Engineering Validation
and Engineering Design Activities (hereinafter referred to as EVEDA) to produce a detailed, complete and fully integrated
engineering design of the International Fusion Materials Irradiation Facility (hereinafter referred to as IFMIF) and all data
necessary for future decisions on the construction, operation, exploitation and decommissioning of IFMIF, and to validate
continuous and stable operation of each IFMIF subsystem.

2.
Such design and data shall then be set out in a final design report to be adopted by the Steering Committee upon
proposal by the project leader after consultation with the Project Committee, and be made available for each of the Parties
to use either as a part of an international collaborative programme or in its own domestic programme.

Article 2

Scope

1.

In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

(a) establishment of the engineering design of IFMIF, including:

(i) a complete description of IFMIF including its three main subsystems (the accelerators, the target facility and the
test facility), the buildings including the hot cells for post irradiation examination, the auxiliary systems and the
safety systems;

(ii) detailed designs of the components, the subsystems and buildings with specific regard to their interfaces and

integration;

(iii) a planning schedule for the various stages of supply, construction, assembly, tests and commissioning together

with the corresponding plan of human and financial resources requirements; and

(iv) the technical specifications for the components allowing calls for tender for the supply of items needed for the

start-up of the construction;

(b) establishment of the site requirements for IFMIF, and performance of the necessary safety and environmental analyses;

(c) proposal of the programme and corresponding estimates of the cost, human resources and schedule for the operation,

exploitation and decommissioning of IFMIF; and

(d) validating research and development work required for performing the activities described in points sub-paragraphs

(a) to (c), including:

(i) designing, building and assembling the prototype of the low energy part and the first high energy section of one
of the two accelerators including its radio frequency power supplies, generators and their auxiliaries, and
conducting their integrated beam testing operation;

(ii) designing, manufacturing and testing of scalable models to ensure engineering feasibility of the target facility and

of the test facility; and

(iii) constructing the buildings to house the prototypical accelerator and its auxiliary systems.

The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work

2.
programmes.

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The working site for IFMIF/EVEDA shall be located at Rokkasho, Aomori Prefecture.

Article 3

Working site

Article 4

Resources

The Parties shall make available the resources required for the implementation of the IFMIF/EVEDA as referred to in the
Brussels Joint Declaration and its attachments.

Article 5

Duration

The duration of the IFMIF/EVEDA shall be six years and may be extended by decision of the Steering Committee.

Article 6

Ownership of accelerator components

Notwithstanding paragraph 3 of Article 14 of this Agreement, the European implementing agency shall retain the
ownership of the prototypical accelerator components specified in this Article that it provides as an in-kind contribution,
and shall take responsibility for shipping these components back after the dismantling of the prototypical accelerator:

(a) injector;

(b) radio frequency power supplies, generators and their auxiliaries; and

(c) control system.

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ANNEX II

IFERC

Article 1

Objective

The Parties, subject to this Agreement as well as their laws and regulations, shall conduct research and development
activities at IFERC aiming at contributing to the ITER Project and at promoting a possible early realisation of a future
demonstration power reactor (hereinafter referred to as DEMO).

Article 2

Scope

In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

(a) activities of the DEMO Design Research and Development Coordination Centre aiming at establishing a common

basis for a DEMO design, including:

(i) holding of seminars and other meetings;

(ii) provision and exchange of scientific and technical information;

(iii) DEMO conceptual design activities; and

(iv) research and development activities on DEMO technologies;

(b) activities of the Computational Simulation Centre, including the provision and exploitation of a super-computer for
large scale simulation activities to analyse experimental data on fusion plasmas, prepare scenarios for ITER operation,
predict the performance of the ITER facilities and contribute to DEMO design; and

the ITER Remote Experimentation Centre to facilitate broad participation of scientists into ITER
(c) activities of
experiments,
including the development of remote experimentation techniques for burning Tokamak plasmas, to
be tested on existing machines, such as the Advanced Superconducting Tokamak, as provided for in Article 1 of
Annex III.

The working site for IFERC shall be located at Rokkasho, Aomori Prefecture.

Article 3

Working site

Article 4

Resources

The Parties shall make available the resources required for the implementation of the IFERC activities as referred to in the
Brussels Joint Declaration and its attachments.

Article 5

Duration

The duration of the IFERC activities shall be 10 years and may be extended by decision of the Steering Committee.

Details of delivery and possible transfer of ownership of super computer systems

Notwithstanding paragraph 3 of Article 14 of this Agreement, details of delivery and possible transfer of ownership of
super computer systems shall be determined by the Steering Committee in accordance with the project plan.

Article 6

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ANNEX III

SATELLITE TOKAMAK PROGRAMME

Article 1

Objective

The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the satellite Tokamak

1.
programme (hereinafter referred to as the Satellite Tokamak Programme). This programme includes:

(a)

the participation in the upgrade of the Tokamak experimental equipment owned by the Japanese Implementing
Agency to an advanced superconducting Tokamak (hereinafter referred to as the Advanced Superconducting
Tokamak); and

(b) the participation in its exploitation, to support the exploitation of ITER and research towards DEMO by addressing

key physics issues for ITER and DEMO.

The construction and exploitation of the Advanced Superconducting Tokamak shall be conducted under the Satellite
2.
Tokamak Programme and the Japanese national programme. The exploitation opportunities of the Advanced Super-
conducting Tokamak shall be equally shared between the national programme and the Satellite Tokamak Programme.

1.

In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

Article 2

Scope

(a) Construction phase: design, manufacturing of components and systems, and assembly of the Advanced Supercon-

ducting Tokamak; and

(b) Exploitation phase: planning and execution of Satellite Tokamak Programme experiments.

The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work

2.
programmes on the following basis:

(a)

the conceptual design report, including the functional specifications of the components to be supplied by the Parties
for the implementation of the Satellite Tokamak Programme, shall be provided by the Japanese Implementing Agency
and reviewed and accepted by the Parties;

(b) each implementing agency shall develop the detailed design of the components to be supplied by it as in-kind

contribution;

(c)

the Japanese Implementing Agency shall be responsible for the integration of
Tokamak components and for the general assembly and operation of the device; and

the Advanced Superconducting

(d) Euratom shall be entitled to participate in the exploitation of the Advanced Superconducting Tokamak on an

equitable basis.

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The working site for the Satellite Tokamak Programme shall be located at Naka, Ibaraki Prefecture.

Article 3

Working site

The Parties shall make available the resources required for the implementation of the Satellite Tokamak Programme as
referred to in the Brussels Joint Declaration and its attachments.

Article 4

Resources

The duration of the Satellite Tokamak Programme shall be 10 years including three years for commissioning and
operation and may be extended by decision of the Steering Committee.

Article 5

Duration